Single judge granted an application under Section 438 Cr.P.C., directing the husband (petitioner) of an informant to surrender and move for bail in a domestic violence case, citing hopes of compromise beneficial to family.
Direction for petitioner to surrender and apply for bail within 15 days.
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ABLAPL No.5038 of 2018
This is an application under Section 438
Cr.P.C.
Considered the materials placed by learned counsel for the parties.
The petitioner is the husband of the informant.
Taking into consideration the facts and submissions, nature of allegation against the petitioner, factum of his permanent residence and the fact that, there is always a hope of compromise between the parties in matrimonial dispute and such compromise is always beneficial for the interest of the family and society, it is directed that the petitioner shall surrender before the learned S.D.J.M., Bhubaneswar and apply for bail in connection with Mahila P.S. Case No.34 of 2018 corresponding to C.T. Case No.3168 of 2018 within 15 (fifteen) days from the date of re-opening of the Court after the ensuing ‘Summer Vacation’. In the event of his surrender and motion for bail, learned S.D.J.M., Bhubaneswar shall release the petitioner on bail on such terms and conditions as deemed just and proper.
The ABLAPL is accordingly disposed of.
Urgent certified copy of this order be granted
as per rules.
………………………….
Murmu
C.R. Dash, J.
1 issue framed by the court
Whether anticipatory bail should be directed to be applied for despite nature of allegations in matrimonial dispute.
1 provisions across 1 enactments
Petitioner
State
Murmu
C. R. Dash
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
